Complaint: Flagler school discipline biased

Published: Wednesday, August 8, 2012 at 5:30 a.m.

Last Modified: Friday, August 10, 2012 at 3:12 p.m.

BUNNELL -- A federal civil rights complaint filed Tuesday against Flagler County schools alleges black students are suspended and expelled at a rate far higher than white students.

Facts

The Southern Poverty Law Center claims black students are disciplined at a far higher rate than white students in Flagler County schools. While Volusia County schools were not named in the complaints, the Volusia County/Daytona Beach Branch of the NAACP is concerned about disparities in Volusia schools.

Black students in Flagler*

Percentage of student body: 16

Percentage of in-school suspensions: 31

Percentage of out-of-school suspensions: 31

Black students in Volusia**

Percentage of student body: 15

Percentage of in-school suspensions: 28

Percentage of out-of-school suspensions: 32

*Flagler data are for 2010-11, the latest available

**Volusia data are for 2011-12

SOURCES: Southern Poverty Law Center and Volusia County Public Schools

The Southern Poverty Law Center filed complaints with the U.S. Department of Education's Office of Civil Rights against Flagler County and four other Florida districts -- Bay, Escambia, Okaloosa and Suwannee.

Black students made up 16 percent of Flagler students but accounted for 31 percent of the in- and out-of-school suspensions in the 2010-2011 school year, the complaint states. Black students accounted for 69 percent of those expelled and 22 percent of those held back a grade.

Flagler Superintendent Janet Valentine said the district will "take it very seriously," but she can't explain the disparities in the discipline rates for white and black students.

"Anytime we have a complaint or issue we want to check into that," Valentine said. "We want to make sure that we don't have any policy or procedure that would inadvertently lead to that."

The complaint says Flagler's disciplinary policies are vague and enforced inconsistently, causing black students to be disciplined at "grossly disproportionate rates."

The disparities also included academics: Only 12 black students were enrolled in gifted programs and only 35 black students took even one Advanced Placement class, according to the complaint.

The Flagler County Branch of the NAACP worked in concert with the Southern Poverty Law Center in preparing the complaint and has been concerned about the disparities between discipline rates for minority and white children in Flagler schools for years, Flagler NAACP president Linda Sharpe Haywood said.

Center officials approached the local group about a year ago after reviewing data about school disciplinary actions and juvenile justice cases around Florida, she said. Members of the local branch of the National Association for the Advancement of Colored People answered questions and provided information.

"You go where the statistics take you; that led to Flagler and other school districts," Haywood said. "We are cooperating with (the law center) and we support any issues that bring to light things going on in the county working against our children instead of for our children."

Volusia County schools were not named in the complaints, but Cynthia Slater, president of the Volusia County/Daytona Beach Branch of the NAACP, said the disparities in discipline rates between minority and white students has been a continuing concern for that organization.

Volusia school officials have said they cannot explain the disparities and have the same disciplinary policies in place for every student.

Statewide, black students face disproportionately high discipline rates, said Southern Poverty Law Center staff attorney Stephanie Langer. Flagler was chosen because "we thought they were representative of what's going on throughout the state," she said. The nonprofit civil rights organization, based in Montgomery, Ala., announced the complaints at a news conference Tuesday in Pensacola.

Flagler is "not the worst and it's not the best," Langer said about the five counties targeted in the complaints.

The five complaints were the result of a yearlong investigation into school discipline procedures. Florida center staff have sought to "reform laws and policies that criminalize children," she said. Center staff purposefully decided not to file a lawsuit because "we're not looking for a long, drawn-out battle," she said. Instead, they wanted to urge districts, even those not named in the complaints, to discuss and improve their disciplinary practices.

The Flagler complaint refers to three black Flagler County students between 14 and 16 years old who attended Indian Trails Middle School in Palm Coast and Pathways Academy, the district's alternative school in Palm Coast, during the 2011-2012 school year. The three were disciplined repeatedly for offenses ranging from violating the dress code and being "rude and disrespectful" to engaging in public displays of affection.

The Southern Poverty Law Center also alleges that "there are no guidelines on what punishment is to be applied to a certain behavior" in Flagler schools.

"The person implementing the discipline has wide, unfettered discretion," according to the complaint. "This unchecked discretion allows for harsher punishments for African American students."

But school district staff say that's not the case. Administrators follow the student code of conduct, which includes guidelines for student discipline, Valentine said. Major offenses, such as those that require a transfer to the county's alternative school, are handled at the district level.

Discipline in Flagler is "based purely on the infraction," school attorney Kristy Gavin said. Administrators consider the age of the offender, and any special needs or disabilities, when doling out punishment. Race isn't part of the equation, she said.

The school district received a copy of the complaint last week but has not heard from the Office of Civil Rights staff. If they deem the complaint valid, district staff will cooperate with the Office of Civil Rights and take any necessary action, she said. But it's "way premature" to discuss that now, Gavin said.

"I think it's way too early to make any kind of statement on whether our policies need to be changed at this point in time," she said.

The complaint also addressed other disparities. For example, in the 2010-2011 school year, 58 percent of black students graduated from high school compared to 72 percent of white students.

To address the gap in academic achievement, the district has focused on reaching out to minority parents and informing them about the academic opportunities for their children and pairing black students with adult mentors, Valentine said.

The NAACP has helped sponsor mentoring programs and has met with the superintendent and School Board members to discuss the issue. But group President Haywood said not much has changed. The NAACP would like to see more counseling and other services to try to resolve discipline issues within the classroom. Having more minority teachers working in Flagler schools would also help, Haywood said.

"If you're going to have suspensions, have in-school suspensions and have parents more informed," she said. "I think it's a travesty to expel children from school when they are already at risk."

Education writer Linda Trimble contributed to this report.

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